Terms of Use for scottnielson.com

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at info (at) scottnielson.com.

You can indicate your acceptance of our terms by click upon the button "I Agree", OR by continuing past this notice and interacting with our website.

We Identify you by your IP Address and Cookies. Please indicate your acceptance of our terms to continue and allow us to record a cookie on your device

INTRODUCTION

These terms and conditions govern your use of this website by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 (eighteen) years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

NOT LEGAL ADVICE

I am a California licensed attorney and therefore completely disclaim all information to any visitor from outside the jurisdiction of California. Even for those users/browsers in California, I offer no legal advice, opinion, recommendations, mediation, or counseling under any circumstance through my website anonymously. In fact, the only time you may consider anything I provide you legal advice is only after we have formalized our relationship through an Engagement Agreement. In light of this, I encourage YOU not to accept, as legal advice, any information received from any source found throughout this Website. The information provided through this website is for advertising, marketing, demonstration and illustrative purposes only. For any legal decision you need to make, consult an attorney in your jurisdiction.

LICENSE TO USE WEBSITE

Unless otherwise stated, I own the intellectual property rights published on this website and materials used on www.scottnielson.com. Subject to the license below, to the fullest extent permitted by law, all intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website in either print or digital media or documents (including republication on another website)
sell, rent or sub-license material from the website
show any material from the website in public
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
edit or otherwise modify any material on the website
redistribute material from this website - except for content specifically and expressly made available for redistribution or
republish or reproduce any part of this website through the use of iframes or screenscrapers.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.scottnielson.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without my express written consent.

This includes:

scraping
data mining
data extraction
data harvesting
framing (iframes)
Article Spinning

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without my express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. I reserve the right to restrict access to certain areas of this website, or at my discretion, this entire website. I may change or modify this policy without notice.

If I provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

I may disable your user ID and password at my sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for any purpose.

Subject to the Attorney-Client privilege, you grant to me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to me the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third partys legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

I reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published on this website.

My rights under these terms and conditions is in relation to user content, I do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE USE THEREOF IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. I EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

I MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE NOR DO I MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT ANY DEFECTS DISCOVERED IN THE WEBSITE WILL BE CORRECTED. I MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO BECAUSE OF THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ME SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

THE USER AGREES THAT I SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT I SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. You agree that I will not be liable to you (whether under the law of contract, tort or otherwise) in relation to the content of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss
for any indirect, special or consequential loss or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if I have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in this website disclaimer will exclude or limit the liability of www.scottnielson.com in respect of any:

death or personal injury caused by the negligence of www.scottnielson.com or its agents, employees or shareholders/owners
fraud or fraudulent misrepresentation on the part of www.scottnielson.com or
matter which it would be illegal or unlawful for www.scottnielson.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Third Parties / Employees / Subordinates

You accept that, as a limited liability entity, www.scottnielson.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against me or my officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect my officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.scottnielson.com.

ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Sacramento, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either of us may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Sacramento, California, necessary to protect the rights or property of either of us, pending the completion of arbitration. This arbitration clause does not prohibit either of us from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Sacramento, California.

INDEMNITY

You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by me arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

POLICIES AND DISCLAIMERS - IN GENERAL

In utilizing my website you explicitly acknowledge and agree to be bound by the following policies and disclaimers:

Your Responsibility - As a User of my services you hereby accept responsibility for your own actions and interactions with my website and us. In the event that another User takes any action that somehow causes injury to any other User, that action will be attributable to the User who caused the injury and under no circumstances will that action or injury be blamed upon my website (scottnielson.com) or my organization.
Privacy Policy - I am committed to protecting your privacy. I do not sell, trade, or rent your personal information to others. I may use your information to improve my marketing and promotional efforts, statistically analyze site usage, and improve my site content, offering, and layout. Your IP address may be used to help diagnose problems with my server, to administer my website, and for security needs. I may provide aggregate statistics about my traffic patterns, and related site information to third-party vendors, but these statistics will include no personal identifying information. I may use the information I collect to notify you about the status of your account, important functionality changes to my website, new services I offer, and special offers I think you will find valuable. I may also contact you to verify your information or ask you about your experiences with my system.
NOT LEGAL ADVICE - The information contained on this website and throughout my service is provided for informational purposes only, and should NOT be construed as legal advice or an offer to perform services on any subject matter. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to us will not create an attorney-client relationship and will not be treated as confidential. Govern yourself accordingly.
NOT ADVERTISING OR A SOLICITATION - My website is provided on a world-wide/global (as available) basis and is not targeted directly to any state or jurisdiction specifically. All reasonable attempts are made to constrain any advertising relating to the our service where such advertising is appropriate and lawful. If you encounter advertising or the service through unintended means where it is not lawful, I specifically deny you service and the right to use the website.
Disruption of Service and Mistakes in General - Although it is my goal to provide Users with a reliable, quality system, I may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. I would not be able to make this system available if I had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving my service, I must deny any warranties on this service and insure that my liability for any problems connected with the use of my system is strictly limited.

GENERAL

These terms and conditions constitute our agreement, which incorporates by reference my Privacy Policy and any notice contained in any of my Website pages which constitutes the entire understanding between the parties regarding your relationship to our Website and related Services.

In general, Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since I cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and scottnielson.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.

You agree that the terms provided in this Agreement reflect the total and final agreement between the parties. No additional terms may be construed out of any other communications unless those terms are properly executed and designate that they are in addition to or replacing the terms of this Agreement. If I fail to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that we have waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Violation of Terms and Conditions: Without prejudice to my other rights under these terms and conditions, if you breach or appear to intend to breach these terms and conditions in any way, I may take such action as I deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation: I may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Your use of our website constitutes your acceptance of any updated terms or conditions to our Agreement and Terms of Use.